Brawley Municipal Code Art. II Control of Dogs

6. For state law as to authority of city to license dogs, see Gov. C. A., § 38792. As to rabies control, see H. & S. C. A., § 121575 et seq.

It shall be unlawful to keep, harbor or maintain any dog on premises improved with a multiple dwelling designed for use of more than two families unless such dog is kept enclosed, except when taken off the premises in compliance with section 4.11.

(Ord. No. 392, § 1; Ord. No. 96-04, § 1.)

Every person owning, keeping, or harboring a dog, four months of age or over, within the city shall pay to the city a license fee for each dog in an amount as determined by city resolution regarding fees and fines for animals.

(Ord. No. 386, § 4; Ord. No. 530, § 1; Ord. No. 669, § 1; Ord. No. 760, § 1; Ord. No. 96-04, § 1.)

Each dog, four months of age or older, owned, kept, or harbored within the city, shall within thirty days after becoming four months of age, and at all times thereafter, have a collar securely fastened around its neck with a metal license tag issued by the city for the current year attached to such collar. The city shall, prior to issuing such license tag, require satisfactory written evidence that the dog to be licensed has a current vaccination certificate from a licensed veterinarian approved by and in a manner prescribed by the State Department of Public Health of the state.

(Ord. No. 386, § 5; Ord. No. 500, § 2; Ord. No. 530, § 1; Ord. No. 96-04, § 1.)

The city shall issue all license tags under this article and collect the license fees provided for by a city resolution and on the payment of such fee shall deliver, without cost to the person paying the same, one tag.

The issuance of tags, and collection of fees can be done by local veterinarians. Said veterinarians shall issue tags, and collect fees forwarding said fees to the city finance department minus any charges allowed by the contract with the city. City finance department shall issue a receipt to said veterinarian. Local veterinarian shall mean a veterinarian who has a city business license.

(Ord. No. 386, § 5; Ord. No. 96-04, § 1.)

The city shall keep a register of all dogs on which license fees have been paid, giving the name and address of the owner or person obtaining such license, with a general description of each dog, showing whether it is male, female, or neuter, the amount of the tax paid, all penalties, and the date thereof. The finance department shall issue receipts for the sums so paid. The finance department shall keep a register.

(Ord. No. 386, § 5; Ord. No. 96-04, § 1.)

Licenses are effective for twelve months from the date of issuance. All license fees are payable upon issuance of the license. Thereafter license fees are due upon the expiration of the license. If the fee is not paid by the day after the license has expired, a penalty provided by city resolution shall be added.

(Ord. No. 386, § 8; Ord. No. 96-04 § 1.)

Within thirty days of establishing residency in the city, all persons bringing a dog into the city shall procure a license as required by this article. A penalty shall be added to the license fee for any dog license issued which is not procured within the time specified by this section. This penalty shall be as provided by city resolution.

The provisions of this section shall not apply to dogs brought into the city temporarily for exhibition or to compete at a show, nor to dogs the keeper of whom is passing through the city.

(Ord. No. 386, §§ 9, 10; Ord. No. 96-04, § 1.)

Each female dog/cat when in estrus (heat) must be kept enclosed on the premises of the owner or harborer of such dog/cat. Such dogs/cats shall not be permitted to run at large.

(Ord. No. 386, § 6; Ord. No. 96-04, § 1.)

Any dog found running loose or at large shall be taken up and impounded by the animal control officer or police department.

The city animal control officer as well as all members of the police department are hereby vested with authority to take up any dog found running at large and impound such dog. The officer taking up such dog shall make a written report in duplicate giving a description of the dog, the date when and the place where the dog was taken up and the license number if the dog has a license. If such dog has a license, a copy of such report shall be mailed to the owner at the address shown by such license record in the police department. The owner of any licensed dog so impounded may redeem the dog upon submittal of applicable fees. If such dog is not redeemed within one hundred twenty hours, the dog will be destroyed per section 4.14.

"At-large" means off the premises of the person owning, or having possession, charge, custody, or control of, the animal and not under the immediate control of a person by means of an enclosure, leash or rope of less than six feet in length, or other means of effective physical control. For the purposes of this Title, the term "at-large" shall not include any dog while being trained in an obedience or other training class, or being exhibited at a show or obedience trial, or being used for hunting purposes by licensed hunters in a lawful manner, or being used as a stock dog working livestock, or while under the immediate physical or vocal control of a person.

(Ord. No. 386, § 7; Ord. No. 486, § 1; Ord. No. 500, § 2; Ord. No. 96-04, § 1.)

A currently licensed impounded dog, except a female dog in heat, may be redeemed by its owner within one hundred twenty hours upon the payment of all applicable fees associated with the pickup and impoundment. An unlicensed dog may be redeemed by the owner within one hundred twenty hours upon payment of all applicable fees of the pickup and impoundment, one year prior license fee and a deposit to be refunded on proof of current rabies vaccination and license.

A currently licensed female dog in heat may be released to her owner at the end of her heat providing that the owner has paid a deposit to cover all applicable fees associated with her pickup and impoundment within the first one hundred twenty hours of her impoundment. An unlicensed female dog in heat may be released to her owner at the end of her heat providing that the owner has, within the first one hundred twenty hours of her impoundment, paid a deposit to cover all applicable fees of pick-up and impoundment and a deposit to be refunded on proof of current rabies vaccination and license.

A cat, except a female cat in heat, may be released to its owner upon payment of all applicable fees associated with pickup and impounding within one hundred twenty hours of impoundment.

A female cat in heat may be released to her owner at the end of her heat, providing that the owner, within the first one hundred twenty hours of her impoundment, has paid a deposit to cover all applicable fees associated with her pick-up and impoundment.

Dogs/cats shall not be destroyed on Saturdays, Sundays and/or legal holidays unless the one-hundred-twenty-hour period elapsed prior to said days.

Fees and costs referred to herein may be established by resolution.

(Ord. No. 386, § 7; Ord. No. 486, § 2; Ord. No. 500, § 3; Ord. No. 562, § 1; Ord. No. 608, § 1; Ord. No. 669, § 2; Ord. No. 745, § 1; Ord. No. 760, § 2: Ord. No. 92-01, § 1; Ord. No. 96-04, § 1.)

(Ord. No. 2010-05, § 1, 4-20-10)

Any impounded dog or cat may be adopted out of the animal pound after the expiration of one hundred twenty hours of impoundment upon payment of: (a) pick up charge; (b) per day boarding charge; (c) proof of, or provision, for rabies vaccination (dogs/cats over four months of age only); and (d) proof of, or payment for, city animal licensing; and (e) neutering/fixing of the animal (i.e.: animal will be neutered/fixed prior to adoption). (Dogs over four months of age only.) Any impounded female dog or cat in heat which is unclaimed by owner after the expiration of one hundred twenty hours of impoundment, may be adopted out of the animal pound at the end of her heat, providing that the adopter has, within the first one hundred twenty hours of impoundment, paid a deposit to cover all applicable fees of the pick-up and impoundment, a deposit to ensure rabies vaccination and licensing (dogs only) and a deposit to ensure animal is spayed. Note: Prior to the expiration of the one hundred twenty hour impoundment, a written request to adopt the impounded dog or cat must be submitted to the city. The amount of pick-up charge and per day boarding charge shall be as provided by city resolution.

(Ord. No. 92-04, § 1; Ord. No. 96-04, § 1.)

If at the expiration of one hundred twenty hours an impounded dog/cat is not redeemed, such dog/cat shall be destroyed only under the supervision of a licensed veterinarian by hypodermic injection of a euthanasia solution which causes simultaneous cessation of cerebral, respiratory and cardiac activity.

(Ord. No. 386, § 7; Ord. No. 486, § 3; Ord. No. 745, § 2; Ord. No. 96-04, § 1.)

It shall be unlawful and it is a public nuisance and a misdemeanor for any dog to run at large, as distinguished from on leash, on any public school property within the city whether such dog is licensed or unlicensed.

(Ord. No. 416, § 1; Ord. No. 486, § 4; Ord. No. 96-04, § 1.)

It shall be unlawful for any person to permit or allow any dog owned, harbored or maintained by such person to be off the premises of such person unless such dog is attended by the owner or some person of suitable age and discretion; provided, however, that within business districts and city parks all dogs at all times shall be attended and on leashes not greater than six feet in length. Any dog found running at large and not so attended shall be taken up and impounded.

(Ord. No. 500, § 1; Ord. No. 561, § 1; Ord. No. 745, § 3; Ord. No. 96-04, § 1.)